I 

115TH CONGRESS 

2D SESSION H. R. 5870 

To amend the Occupational Safety and Health Act of 1970 to require immediate notification to an employer of the issuance of a penalty, to prohibit 

any public notice of such citation for a period of 24 hours after issuance 

of the citation, and to require a public notice where an employer successfully contests any proposed penalty. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2018 

Mr. GROTHMAN (for himself, Mr. GIANFORTE, and Mr. ROKITA) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce 

A BILL 

To amend the Occupational Safety and Health Act of 1970 

to require immediate notification to an employer of the 

issuance of a penalty, to prohibit any public notice of 

such citation for a period of 24 hours after issuance 

of the citation, and to require a public notice where 

an employer successfully contests any proposed penalty. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘OSHA Employer Noti5 fication Act’’. 


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1 SEC. 2. IMMEDIATE NOTIFICATION OF CITATION; WAITING 

2 PERIOD BEFORE ANY PUBLIC NOTIFICATION; 

3 PUBLIC NOTIFICATION OF ANY REDUCTION 

4 OF A PENALTY. 

5 (a) IMMEDIATE NOTIFICATION AND WAITING PE6 RIOD.—Section 10(a) of the Occupational Safety and 

7 Health Act of 1970 (29 U.S.C. 659(a)) is amended— 

8 (1) by inserting after the first sentence the fol9 lowing: ‘‘Immediately after issuing a citation and to 

10 the extent possible, the Secretary shall notify the 

11 employer by electronic communication or telephone 

12 of the issuance of the citation, including the classi13 fication of the violation. No public announcement 

14 about the citation or notification of proposed penalty 

15 shall be made by the Secretary or any other official 

16 of the Occupational Safety and Health Administra17 tion for at least one full business day after notifying 

18 the employer pursuant to the previous sentence. If 

19 the Secretary is unable to notify the employer after 

20 one full business day of the issuance of the citation, 

21 the Secretary may make a public announcement of 

22 the determination.’’; 

23 (2) by striking ‘‘receipt of the notice issued by 

24 the Secretary’’ and inserting ‘‘receipt of the notice 

25 by certified mail issued by the Secretary’’; and 


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1 (3) by inserting at the end the following: ‘‘If 

2 the Secretary issues a public posting on the Depart3 ment of Labor’s website about an alleged citation or 

4 notification of proposed penalty that subsequently is 

5 settled in part or in whole by the Secretary and the 

6 employer, or is vacated or modified in part or in 

7 whole by the Occupational Safety and Health Review 

8 Commission or a court, then the Secretary with rea9 sonable promptness, shall withdraw the public post10 ing on the Department’s website of the initial cita11 tion or notification of proposed penalty and replace 

12 it with an updated posting that reflects the settle13 ment, vacation or modification, including, if applica14 ble, a citation to the commission or court decision or 

15 a description of where the decision can be found.’’. 

Æ 


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